Covenant Regarding Real Property 1990-587661
2086
...~ f"'I ;r 7....t I
::fUU100
'. ' Cf,7 Cc /
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
)
)
)
)
)
)
)
)
)
)
)
)
'{(j ~M Co. ...../7
'J'-i ;"\_+ c,. _
RECORDING REQUEST BY:
CITY OF POWAY
WHEN RECORDED MAIL TO:
CjllTIH~;
No Transfer Tax Due
(This space for
Recorder', u,~
COVENANT REGARDING REAL PROPERTY
R & R Partners - Poway, a General partnership is the owner of
real property described in Exhibit A which is attached hereto an
made a part hereof and which is commonly known as Assessor's Parcel
Number 314-710-17 ("PROPERTY" hereinafter). In consideration of
the approval of Conditional Use Permit 90-09, Variance 90-09, and
Development Review 90-11 by the City of poway ("CITY" hereinafter),
OWNER hereby covenants and agrees for the benefit of the CITY, to
abide by conditions of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and
inure to the benefit of the future owners, encumbrancers,
successors, heirs, personal representatives, transferees and
assigns of the respective parties.
In the event that Conditional Use Permit 90-09, Variance 90-
09, and Development Review 90-11 expire or are rescinded by City
Council at the request of the OWNER, CITY shall expunge this
Covenant from the record title of the PROPERTY.
If either party is required to incur costs to enforce the
provisions of this Covenant, the prevailing party shall be entitled
to full reimbursement of all costs, including reasonable attorneys'
fees, from the other party. The CITY may assign to persons
impacted by the performance of this Covenant the right to enforce
this Covenant against OWNER.
Dated:
t!J~ IS, /990
,
..f/,f ,P,9/lTIYG/Z5 -lbw/lY
/3V: ~,~d/~~
OWN~R (Notari
Dated: (7l'ff"~ 1991>
CITY OF POWAY
By
~ tJ,~ - (tLJ-CVJ-ff.^
(NO need to tarize)
GENERAL ACKNOWLEDGMENT
* *, .'*: '* *.* * * * .. * * * * * .. * ~
*' S,tate of
*
* County of
* * * * * * * ~Q~l
this the _____ day of
* * * * *-* * * * * * * *, * * * * *
19 ,before me, *
*
*
) SS.
)
*
*
*
* Notary's Signature *
'j* * * '* * * * * * * * * '* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
*
*
[] proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) subscribed
to the within instrument, and acknowledged that
executed it.
WITNESS my hand and official seal.
*
*
*
*
*
*
*
*
*
*
*
the undersigned Notary Public, personally appeared
*
*
*.
*
*
*
*
*
*
[] personally known to me
PARTNERSHIP ACKNOWLEDGMENT
* * * * * * *
*
*
State of
*~ * ~* * , * * * * * * * * * * * * * * * *
Ca-/,TtH"Y1IO- On this the .1!l!!!day of
) SS. CJ
) V; /"/C (/trJa-S
the undersigned Notary Public, personally appeared
J; CiZ/duJeJ/
o Y'a.-nCJ' e...
J
IAL
J. Md:QMAS
NOTARY P18UC. CALfORNlA
ORANGE COUNTY
My Comm. Explns AllrU 22,19M
[] proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument
on behalf of the partnership, and acknowledged to me that
the par ership executed it.
WITNES m hand_ a~d ~. :
a tu re *
* * * * '* * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * *
(}c.f-ober 19 '10 ,before me, *
- *
*
*
*
*
*
*
*
*
*
County of
*
*
*
*
*
*
*
*
*
*
*
*
*
*
-r/n frfh1
J8l personally known to me
*
*
* Notary's
* * * * * * * * * * * * * * * * * * * * * *
CORPORATE ACKNOWLEOGMENT
'* * * * * * '* * * * * * *
* State of
*
* * * * * * * * * * * * * * * * '* * * ..;: * * '* * * * * * * * * * * *
* County of
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
On this the _____ day of
) SS.
)
19
before me, *
*
the undersigned Notary Public, personally appeared
*
*
*
*
*
*
*
*
*
*
[] personally known to me
[] proved t~ me on the basis of satisfactory eviden~e to
be the person(s) who executed the within instrument as
or on behalf of the corporation
therein named, and acknowledged to me that the corporation *
executed it. *
WITNESS my hand and official seal.
*
*
*
*
* * * * * * * * * * * * + * * * +
Notary's Signature
+ + + + + + + + + +
+ + + + . + + . . . . + . . . ~ _L ~ . .
2088
lj..:.l,. ~.,' . 1 '_"_Ill 1 u : ,=.l:1 I I ~ur"l I 1 '_UI < I 1 I LL 1 r'4'-,UI -'Hr4LL I U
~TICUR TITL~ INSURANCE
'_'1 ,'l~":I..,U,;,'_'':':L' i .1L;
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PRCEL 7 OF PARCEL MAP NO. 15808, IN THE CITY OF POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP ON FILE IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
SEPTEMBER 21, 1989.
l
EXII/Blr /l
f'Q~e. 10 -/' I
r
l
[.ii.';
Vi/:
l. .
2039
RESOLUTION NO. P-90-75
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 90-09,
VARIANCE 90-09, DEVELOPMENT REVIEW 90-11, AND
COMPREHENSIVE SIGN PLAN 87-02R
ASSESSOR'S PARCEL NUMBER 314-710-17
WHEREAS, Conditional Use Permit 90-09, Variance 90-09,
Development Review 90-11, and Comprehensive Sign plan Revision 87-
02R, submitted by Mobil Oil Company, applicant, requests approval
for construction of an automobile service station, car wash, and
snack shop, and a variance to permit a total of four ground signs
for the shopping center for property located at 14863 pomerado Road
(Twin Peaks Plaza) in the CG zone; and
WHEREAS, on October 2, 1990, the City Council held a hearing
on the above-referenced item.
NOW, THEREFORE, the City Council does hereby resolve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that this proj ect will not have a
significant adverse impact on the environment and hereby
issues a Negative Declaration with mitigation measures as
contained in the conditions of approval.
Section 2: Findinqs:
Conditional Use Permit 90-09
1. That the location, size, design, and operating
characteristics of the proposed use will be compatible
with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings,
structures, or natural resources, in that the use will be
located within an existing shopping center and a 42 inch
wall or other equivalent barrier will be provJded to
screen the project from residential uses to the west and
lighting for the gas station has been designed to
minimize glare and spillage.
That the scale, bulk, coverage, and density is consistent
with adjacent uses, in that all development standards of
the zoning Development Code are met and the project does
not exceed the square footage anticipated by the original
development plan for the center.
2.
EXHIBIT B
r
3.
4.
L
fd
[n
2090
Resolution No. )?-90- 75
Page 2
That there are available public facilities, services, and
utilities to serve the proposed use as all facilities and
services can be provided for through the conditions of
approval.
That there will not be a harmful effect upon desirable
neighborhood characteristics, in that architectural
design will be compatible with the adjacent center and
lighting is designed to minimize impacts on residences
located west of the site across pomerado Road.
5.
That the generation of traffic will not adversely impact
the surrounding streets and/or the City's Circulation
Element in that a condition of approval will require the
payment of Traffic Mitigation Fees and provisions of
required off-street parking.
That the site is suitable for the type and intensity of
use and development proposed in that the site is located
within an existing commercial development in a zone (CG)
which permits the operation of service stations when
regulated by a conditional use permit.
6.
7
That there will not be significant harmful effects upon
the environmental quality and natural resources, in that
the site has been graded for several years and the
conditions of approval require mitigation measures to
minimize impacts on the residences to the west.
8. That there are no other relevant negative impacts of the
proposed use that cannot be mitigated.
9. That the impacts, as described above, and the location of
the proposed use will not adversely affect the City of
poway General Plan for future as well as present
development.
Variance 90-09
1.
That there are special circumstances applicable to the
property, (size, shape,' topography, location, or
surroundings) or the intended use of the property, and
because of this, the strict application of the Zoning
Development Code deprives the property of privileges
enjoyed by other properties in the vicinity under
identical zoning classification.
The subject shopping center is unusual in that it has
three, long street frontages. The pomerado Road
F
2091
Resolution No. P-90-75
Page 3
frontage, alone is approximately 1,450 feet in length.
Limiting the project to one sign on this frontage
presents a severe constraint for uses like the proposed
service station as state law requires that gas prices be
readable from adjacent roadways.
2. That granting the variance or its modification is
necessary for the preservation and enjoyment of a
substantial property right possessed by other property in
the same vicinity and zone and denied to the property for
which the variance is sought, in that all of the other
service stations within the City have erected
freestanding signs similar to or larger than the sign
proposed.
3 .
l
4.
I:::.'::
(,':""',;,::,
i':':':-:-:.:-
I
That granting the variance or its modification will not
be materially detrimental to the public health, safety,
or welfare, or injurious to the property or improvements
in such vicinity and zone in which the property is
located because the proposed sign is designed to blend
with adjacent development.
That granting of this variance does not constitute a
special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which such
property is situated because the circumstances on the
site are unique and to preclude the freestanding sign
would unfairly penalize the applicant for locating a gas
station within a comprehensively planned shopping center.
5. The granting of this variance does not allow a use or
activity which is not otherwise expressly authorized by
the zoning development regulation governing the parcel of
property in that freestanding on-site signs are permitted
accessory structures in the CG zone. -
6. That granting the variance or its modification will not
be incompatible with the poway City General plancin that
the plan designates this site for commercial -'use and
signage would be expected in a commercial center.
Development Review 90-11
1.
That the proposed development is in conformance with the
poway General Plan, in that auto services are allowed in
the commercial zone use with approval of a conditional
use permit.
[
[
I;;;:..
f;.:~Y):~
r:':'~:':':"
,
I
2092
Resolution No. P-90-75
Page 4
2.
That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adj oining properties, as noted under the
findings in the preceding section.
3.
That the proposed development is in compliance with the
Zoning Ordinance, in that all development standards will
be met in development of the project.
4.
The proposed development encourages the orderly and
harmonious appearance of structures and property within
the City because it complies with the design guidelines
of the General Plan and proposes structures that are
similar in architectural style to other commercial
buildings in the surrounding shopping center.
Section 3:
City Council Decision:
The City Council hereby approves Conditional Use Permit 90-09,
Variance 90-09, Development Review 90-11, and Comprehensive
Sign Plan 87-02R subject to the following conditions:
1. Within 30 days of approval: (1) The applicant shall
submit in writing that all conditions of approval have
been read and understood; and (2) the property owner
shall execute a Covenant on Real Property.
2. Six months after business opens, staff shall review the
operation and its impact on the neighborhood and prepare
a report for Council review.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department Cjnd the
conditions contained herein. '
2. The use conditionally granted by this permit shall not be
conducted in such a manner as to interfere with the reasonable
use and enjoyment of surrounding commercial and residential
uses.
3 .
The proj ect will be subj ect to an annual review by the
Planning Director per Section 17.48.140 of the Zoning
Development Code to monitor compliance with the conditions of
approval.
r
L
~::::::::~::.
,::;::;::;
2093
Resolution No. P-gO-75
Page 5
4.
The canopy elevation shall include a cornice detail similar to
that found on other structures in the surrounding shopping
center.
5.
Revised site plans and building elevations incorporating all
conditions of approval shall be submitted to the Planning
Services Department prior to issuance of building permits.
The applicant shall provide revised plans which show a 42 inch
stucco wall along the pomerado Road frontage in order to
screen headlights and parking from the residential property to
the west. The Planning Director may accept an alternative to
the wall requirement if the applicant can demonstrate that
they have created (in effect) the equivalent of a solid 42
inch high barrier with a combination of berming, mature
landscaping, and boulders.
Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of building
permit issuance. .
6.
7 .
The trash receptacle shall be relocated to the east to line up
with the adjacent trash enclosure to the south (Sam Goody's).
The trash receptacle shall be enclosed by a six foot high
stucco and masonry wall with view-obstructing gates pursuant
to City standards. Location shall be subject to approval by
the Planning Services Department.
9. Prior to any use of the project site or business activity
being commenced thereon, all conditions of approval contained
herein shall be completed to the satisfaction of the Director
of Planning Services.
8.
10. The applicant shall comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code, Uniform Plumbing Code,
National Electric Code, Uniform Fire Code, and all other
applicable codes and ordinances in effect at the time of
building permit issuance.
11. Hours of operation for the car wash shall be from 7:00 a.m. to
11:00 p.m.
12. This approval shall become null and void if building permits
are not issued for this project within two years from the date
of project approval.
F
l
!':":":",.':':'
....:::::
'.............
2094
Resolution No. P-90- 75
Page 6
PARKING AND VEHICULAR ACCESS
Parking lot lights shall be low pressure sodium and have a
maximum height of 25 feet from the finished grade of the
parking surface and be directed away from all property lines,
adjacent streets, and residences.
LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to
and approved by the Planning Services Department prior to the
issuance of building permits. Trees along the south side of
the car wash shall be spaced no further than 20 feet on center
and shall include some evergreen species. Vines shall be
planted on the outside of the trash enclosure and screening
wall.
2. All landscaped areas shall be maintained in a heal thy and
thriving condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance and
Comprehensive Sign plan 87-02. The freestanding sign shall
incorporate a street address.
ADDITIONAL APPROVALS REQUIRED
The applicant shall provide verification of State Board of
Equalization notification and that appropriate reviews and/or
approvals have been accomplished to the satisfaction of the
Director of Administrative Services.
APPLICANT SHALL CONTAcr THE DEPARTMENT OF ENGINEERING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
GRADING
1. Grading of the subject property shall be in accordance with
the Uniform Building Code, City Grading Ordinance, approved
grading plan and geotechnical report, and accepted grading
practices.
2.
A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work at
first submittal of a grading plan.
r
l
/,:::.::
(:::""
,.......
r
l
2095
Resolution No. P~O-75
Page 7
3.
The final grading plan shall be subject to review and approval
by the Planning Services and Engineering Services Departments
and shall be completed prior to issuance of building permit.
STREETS AND SIDEWALKS
1. Reciprocal access and maintenance and/or agreements shall be
provided insuring access to all parcels over private roads,
drives or parking areas and maintenance thereof to the
satisfaction of the Director of Engineering Services.
2. Prior to any work being performed in the public right-of-way,
a right-of-way permit shall be obtained from the Engineering
Services office and appropriate fees paid, in addition to any
other permits required.
3. The developer shall pay the Traffic Mitigation Fee at the
established rate prior to building permit issuance.
DRAINAGE AND FLOOD CONTROL
Intersection drains will be required at locations specified by
the Director of Engineering Services and in accordance with
standard engineering practices.
2. A drainage system capable of handling and disposing of all
surface water originating wi thin the development, and all
surface waters that may flow onto the development from
adj acent lands, shall be required. Said drainage system shall
include any easements and structures as required by the
Director of Engineering Services to properly handle the
drainage.
1.
3. Portland cement concrete cross gutters shall be installed
where water crosses the roadways.
4. The Master plan of Drainage Fee shall be paid at the
established rate prior to building permit issuance.
5. Concentrated flows across driveways and/or sidewalks shall not
be permitted.
UTILITIES
1.
Prior to issuance of building permits, the applicant shall
submit an outline of their water recycling program to the City
Engineer. the recycling system shall be approved prior to
issuance of building permits.
~ ,
F
t
/::::::
fN~/
2096
Resolution No. P-90-75
Page 8
2.
utility easements shall be provided to the specification of
the serving utility companies and the Director of Engineering
Services.
3 .
The developer shall be responsible for the relocation and
undergrounding of existing public utilities, as required.
Water, sewer, and fire protection systems plans shall be
designed and constructed to meet requirements of the City of
poway and the Health Department of the County of San Diego.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
4.
1. Relocation of the water easement shall be coordinated in such
a manner as to not interrupt fire sprinkler service to the
existing Sam Goody store.
2.
An underground tank installation
County Health Department and
construction.
is to be coordinated with the
permits obtained prior to
3.
Minimum size of building numbers is six inches on facade of
building. Building addresses shall also be displayed on the
roof in a manner satisfactory to the Director of Safety
Services.
4. An Emergency Contingency plan and Hazardous Materials
Disclosure is required to be filed with the San Diego County
Department of Health and copies provided to the Fire
Department.
5. A sump or pit is required to prevent hazardous materials or
contaminants from entering the storm drain syst~m.
6. A fire protection system for occupancy separation shall be
provided as necessary.
1
'"
F
L
i:.}::::::.
li;./=.:~~
2097
Resolution No. P-9Q- 75
Page 9
APPROVED and ADOPTED by the City Council of the City of Poway,
state of California, this 2nd day of october, 1990.
C- (
'\ . \
\) , .
, . . -;U
_ 6-1, lJ.... .
Don Higginson~ iMayor
ATTEST:
"I' "'\1 ."""'\ ~.
, ! iCL'\.A'Lc.t
Marjorie K.
,/ -\' --i--
K -; .Jt Ic.\lL.~
Wahlsten, City Clerk
STATE OF CALIFORNIA
SS.
COUNTY OF SAN DIEGO
I, Marjorie K. Wahlsten, City Clerk of the City of poway, doe
hereby certify, under the penalty of perjury, that the foregoing
Resolution, No. P-90-75 , was duly adopted by the City Council
at a meeting of said City Council held on the 2nd day of ____
October , 1990, and that it was so adopted by the following
vote:
AYES: 8RANNON, GOLDSMITH, KRUSE, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: EMERY
~\,.,. I) ,..\:.,.-'-c-
.. I If L1._ ~i.{,,- ( ': 'Ii (.1./1\..,-':' I.~{.)--,
Marjorie K. Wahlsten, City Clerk
City of poway
C:\REPORT\CUP9009.RES